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Brookhaven, GA Building Safety: Building Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit trigger
Construction, erection, alteration or repair, other than ordinary repairs
Accessory structure exemption
Detached accessory structures of 100 square feet or less
Retaining wall exemption
Not over four feet, footing bottom to wall top
Review deadline
60 calendar days after a complete application
Started without permit
Penalty of 100 percent of the usual permit fee
Permit expiration
180 days without a passed city inspection

Summary

In the City of Brookhaven, Georgia, § 7-118 requires a permit before any construction, erection, alteration or repair to a building or structure, other than ordinary repairs. Detached accessory structures of 100 square feet or less are exempt. Starting without a permit adds a penalty of 100 percent of the usual permit fee.

(a)Building permit required. A permit shall be obtained before beginning construction, erection, alteration or repair to a building or structure, mechanical system, gas system, plumbing system, electrical system, and energy conservation system, other than ordinary repairs. Permits shall be obtained before beginning work. Permits for emergency work shall be obtained within 24 hours after work is commenced.(b)Exception to permit required. Ordinary repairs to a single-family residential building or structure shall not be required to obtain a permit.(c)Work commencing before permit issuance. In addition to any other remedies provided by law, any person, contractor, or company commencing any work on a building or structure, mechanical, gas, plumbing, or system electrical system before obtaining the required permit shall be subject to a penalty of 100 percent of the usual permit fee in addition to the required permit fee. ... i.Detached accessory structures of 100 square feet or less.

Full Breakdown

Brookhaven Code § 7-118(a) requires a permit before beginning construction, erection, alteration or repair to a building or structure, or to a mechanical, gas, plumbing, electrical or energy conservation system, other than ordinary repairs. Ordinary repairs to a single-family residential building need no permit. Permits for emergency work must be obtained within 24 hours after work is commenced.

Section 7-118(d)(1) lists building work that needs no permit: retaining walls not over four feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids; water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons; painting, wallpapering, tiling, carpeting and similar finish work; temporary stage sets; prefabricated swimming pools less than 24 inches deep installed entirely above ground; swings and other playground equipment accessory to one- and two-family dwellings; window awnings supported by an exterior wall; movable cases, counters and partitions not over five feet nine inches in height; and detached accessory structures of 100 square feet or less. An exemption never authorizes work that violates chapter 7 or any other law or ordinance of the city.

Applications go on a form from the Community Development Department and must be accompanied by construction plans, the cost of labor and materials, the owner's legal name and the contractor's state license details. Under § 7-119, the plans are accompanied by a site plan drawn from an accurate boundary line survey and signed and sealed by a registered land surveyor, and single-family plans need not be prepared by a registered design professional unless the building official requires it in writing. The building official acts no later than 60 calendar days after a complete application is filed. An application is deemed abandoned 180 days after filing unless a permit has been issued. An issued permit becomes invalid if work has not commenced and passed a city inspection within 180 days, or if work stalls with no passed inspection for 180 days. The building official can grant three written extensions of not more than 90 days, the director of community development one more, and any further request goes to city council. The permit is posted 36 to 48 inches above grade facing the street.

Violations & Fines

Commencing work before the required permit is issued adds a penalty of 100 percent of the usual permit fee on top of the required fee (§ 7-118(c)). Work done contrary to chapter 7 or in a dangerous manner draws a written stop work order under § 7-62, and continuing after service brings a municipal court citation. Under § 7-64 violations carry a fine and/or imprisonment under § 1-11, and each day is a separate offense.

Frequently Asked Questions

Do I need a building permit for a backyard shed in Brookhaven?
Section 7-118(d)(1)i exempts detached accessory structures of 100 square feet or less from the permit requirement. The exemption does not excuse other city rules: the code states that an exemption never authorizes work in violation of chapter 7 or any other law or ordinance of the city, and § 7-119(p) requires compliance with applicable zoning conditions.
How long is a Brookhaven building permit good for?
Under § 7-118(i), a permit becomes invalid unless the authorized work has commenced and passed a city inspection within 180 days of issuance, or if work is suspended or abandoned with no further city inspection passed for 180 days. The building official can grant three 90-day written extensions, the director one more, and further requests go to city council.
What is the penalty for building without a permit in Brookhaven?
Section 7-118(c) adds a penalty of 100 percent of the usual permit fee to the required permit fee for any person, contractor, or company that commences work before obtaining the required permit. The building official can also issue a stop work order under § 7-62, and continued work can be cited to municipal court.
Who reviews the permit application and how fast?
The Community Development Department furnishes the form and the building official reviews it. Section 7-118(f) requires action no later than 60 calendar days after a complete application is filed. If the plans do not conform to chapter 7, the building official rejects the application in writing and states the reasons.

Sources & Official References

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